CBP settles lawsuit by woman over body searches

The ACLU of Texas and the ACLU of New Mexico announced a record settlement in which U.S. Customs and Border Protection paid a New Mexico woman $475,000 after she said she was illegally subjected to vaginal and anal searches after she was detained at the Bridge of the Americas in El Paso in 2012.(Photo: Courtesy)

U.S. Customs and Border Protection has settled a lawsuit in which a New Mexico woman alleged she was illegally subjected to invasive body searches after she was detained at an El Paso border crossing in 2012, officials said Thursday.

The American Civil Liberties Union of Texas and the ACLU of New Mexico announced what they call a record settlement of $475,000 for their client, who is only identified as Jane Doe. In a statement, the ACLU groups said the settlement is one of the largest of its kind ever reached over violations involving an individual search.

“While we are pleased to have obtained justice for our client, this is really a victory for residents of border communities, who shouldn’t have to fear interactions with the thousands of border agents in their midst,” Rebecca Robertson, legal and policy director for the ACLU of Texas, said in a news release.

In addition to the monetary award, the settlement requires CBP officers and supervisors to undergo additional training.

The ACLU groups said in a statement that ACLU affiliates at the nation's southwest border sent letters to more than 40 health care providers, which cover about 110 facilities from San Diego to Houston, "detailing the rights and responsibilities of hospital personnel when confronted by federal agents who request they perform invasive and illegal body cavity searches."

The CBP issued a statement confirming that the agency had reached a settlement in the lawsuit.

The woman, a U.S. citizen who was 54 at the time, was subjected to a strip search at the Bridge of the Americas in December 2012 without her consent, the lawsuit alleges.

According to the lawsuit, CBP agents told the woman she could sign a medical consent form or be billed for the cost of the searches. She refused to sign.

CBP agents transported her to University Medical Center of El Paso, where she underwent vaginal and anal exams and other procedures for about six hours without her consent or a search warrant, according to the lawsuit. She was later billed more than $5,400.

In its statement, the CPB said, "The settlement should not be taken as an admission of liability or fault. The settlement was entered into by both parties in order to compromise on disputed claims and avoid the expenses of further litigation.

"CBP has policies, procedures and training in place to ensure officers and agents treat travelers and those in custody with professionalism and courtesy, while protecting the civil rights, civil liberties, and well-being of every individual with whom we interact, and maintaining the focus of our mission to protect all citizens and visitors to the United States,” the agency stated.